Unfortunately, New York City is not a stranger to bicycle accidents. At best, the cyclist can walk away with a scrape or a dented bike. At worst, they can be fatal, especially at intersections. According to the NYC Department of Transportation, an overwhelming amount of cyclist fatalities and severe injuries happen in accidents at intersections.
There are many reasons why these accidents happen. However, one of the most common reasons is this: Drivers fail to yield or give the right-of-way to cyclists. This can be because they were distracted and didn’t see the cyclist, or they were purposely ignoring traffic rules. They may also have been driving under the influence of drugs or alcohol. Regardless of the reason, you have the right to hold them accountable, especially if it results in life-changing injuries.
What if the at-fault driver or insurance company denies your claim?
The other driver may claim you didn’t stick to the bike lane or failed to use visible hand signals when making your turn. Even if that were the case, being partially at fault does not bar you from receiving compensation. New York follows comparative negligence laws. This means that you can recover damages as long as you are not 100% at fault. However, the court may reduce your compensation by the amount of fault you have.
If the at-fault driver denies their fault or refuses to take responsibility, it’s important to:
- Get medical treatment as soon as possible: Your health and safety are the priority. Even if your injuries seem minor, it can help to have professional documentation.
- Document as much as you can from the accident scene: This includes photos, videos and witness statements.
- Report the accident to your insurance company promptly: However, make sure to stick to facts without admitting fault.
- Obtain the police report: This official document often contains the officer’s assessment of fault.
- File a claim with the other driver’s insurance: Even if the driver denied fault in the accident, you can still initiate a claim.
Insurance companies may also initially deny or dispute claims. However, do not feel discouraged by this. Instead, consider talking to a legal professional. An attorney can help you gather evidence and negotiate with insurers. They can also help you take the case to court if necessary.